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Of The Council Of Europe Convention On The Transfer Of Sentenced Persons To Penal

Original Language Title: Par Eiropas padomes konvenciju par notiesāto personu nodošanu soda izciešanai

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The Saeima has adopted and the President promulgated the following laws: The Council of Europe Convention on the transfer of sentenced persons to 1 sentence article. of 21 March 1983, the Council of Europe Convention on the transfer of sentenced persons penal (hereinafter referred to as the Convention) with this law is accepted and approved. 2. article. The law shall enter into force on the date of its promulgation. With the law put the Convention in English and its translation into Latvian language. 3. article. In accordance with article 3 of the Convention provide that the term "citizen" in the sense of the Convention refers to the Republic of Latvia citizens and non-citizens, which is the law "on the status of former USSR citizens who are not Latvian or other nationality". 4. article. In accordance with article 5 of the Convention (3) determine that the Republic of Latvia requests for the transfer of a person to accept the sentence and sent to the Prosecutor General's Office. 5. article. In accordance with article 17 of the Convention (3) determine that the request addressed to the Republic of Latvia and the attached documents are to be sent along with the English translation. 6. article. The Convention shall enter into force on its article 18 and the time limit laid down in the order, and shall notify the Ministry of Foreign Affairs Gazette "journal". The Parliament adopted the law of 24 March 1997. The President g. Ulmanis in Riga in 1997 on April 9, the Convention on the Transfer of Sentenced Persons in the member States of the Council of Europe and the other States, signatory, heret Considering that the aim of the Council of Europe is to achieve a greater unity between its members; Of further developing international Desiro co-operation in the field of criminal law; Considering that such co-operation should further the ends of Justice and the social rehabilitation of the sentenced person; Considering that these objective require that the foreigner who are deprived of their liberty as a result of their commission of a criminal of the offenc should be given the opportunity to serve their line within their own society; and Considering that this aim can best be achieved by having them transferred to their own countries, have agreed as follows: article 1 – Definition For the purpose of this Convention: a) "line" means any punishment or measure involving deprivation of liberty ordered by a court for a limited or unlimited period of time on account of a criminal offenc; (b)) "judgement" means (a) a decision or order of a court imposing a line; (c)) "sentencing State" means the State in which the line was imposed on the person who may be, or has been, transferred; (d)) "administering State" means the State to which the sentenced person may be, or has been, transferred in order to serve his line. Article 2 – General principles 1. The parties to each others undertak afford the wides a measure of co-operation in respect of the transfer of sentenced persons in accordanc with the provision of this Convention. 2. A sentenced person in the territory of a Party may be transferred to the territory of another Party, in accordanc with the provision of this Convention, in order to serve the line is imposed on him. To that end, he may express his interest to the sentencing State or to the administering State in being transferred under this Convention. 3. Transfer may be requested by either the sentencing State or the administering State. Article 3-conditions for transfer A sentenced person may 1 be transferred under this Convention only on the following conditions: (a) if that person is (a)) national of the administering State; (b)) if the judgement is final; (c) if, at the time) of receipt of the request for transfer, the sentenced person still has at least six months of the line to serve or if the line is indeterminat; (d)) if the transfer is consented to by the sentenced person or, where in view of his age or his physical or mental condition one of the two States consider it not, by the person sentenced cessary's legal representative; e) if the acts or omission on account of which the line has been imposed a criminal offenc constitut-according to the law of the administering State or would constitut a criminal if committed on its offenc territory; and (f)) if the sentencing and administering States agree to the transfer. 2. In exceptional cases, the parties may agree to a transfer even if the time to be served by the sentenced person is less than that specified in paragraph 1 (c). 3. Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe , indicates that it intends to exclude the application of one of the procedures provided in article 9.1 (a) and (b) in its relations with other parties. 4. Any State may, at any time, by a declaration addressed to the Secretary General of the Council of Europe, define, as far as it is concerned, the term "national" for the purpose of this Convention. Article 4 – Obligation to furnish information Any person whom it sentenced 1 this Convention may apply shall be informed by the sentencing State of the substance of this Convention. 2. If the sentenced person has expressed an interest to the sentencing State in being transferred under this Convention, that State shall so inform the administering State as soon as practicabl after the final judgement of the Linux. 3. The information shall include: a) the name, date and place of birth of the sentenced person; (b) his address, if any), in the administering State; c) a statement of the facts upon which the line was based; (d)) the nature, duration and date of commencemen of the line. 4. If the sentenced person has expressed his interest to the administering State, the sentencing State shall, on request, communicate to the State the information referred to in paragraph 3 above. 5. The person sentenced shall be informed, in writing, of any action taken by the sentencing State or by the administering State under the preceding paragraphs, as well as of any decision taken by either State on a request for transfer. Article 5-requests and replies 1. Requests for transfer and replies shall be made in writing. 2. Requests shall be addressed by the Ministry of Justice of the requesting State to the Ministry of Justice of the requested State. Replies shall be communicated through the same channel. 3. Any Party may, by a declaration addressed to the Secretary General of the Council of Europe, indicates that it will use other channels of communication. 4. The requested State shall promptly inform the requesting State of its decision or not to agree the whethers the requested transfer. Article 6-Supporting documents 1. The administering State, if requested by the sentencing State, shall furnish it with: a) a document or statement indicating that the sentenced person is a national of that State; (b) a copy of the) relevant law of the administering State which provides that the acts or omission on account of which the line has been imposed in the sentencing State a criminal offenc constitut-according to the law of the administering State, or would a criminal offenc constitut if committed on its territory; c) a statement containing the information mentioned in article 9.2.2. If a transfer is requested, the sentencing State shall provide the following documents to the administering State, unless either State has already indicated that it will not agree to the transfer: (a) a certified copy) of the judgement and the law on which it is based; (b)) (a) statement indicating how much of the line has already been served, including information on any pre-trial detention, remission, and any other factor relevant to the enforcement of the line; (c) a declaration containing the consent) to the transfer as referred to in article 3.1 (d); and (d)) whenever appropriate, any medical or social reports on the sentenced person, information about his treatment in the sentencing State, and any recommendations for his further treatment in the administering State. 3. Either State may ask to be provided with any of the documents or statements referred it in paragraph 1 or 2 above before making a request for transfer or taking a decision on it agree or not the whethers the transfer. Article 7-Consent and it verification 1. The sentencing State shall ensur that the person required to give consent to the transfer in accordanc with article 3.1 (d) does so voluntarily and with full knowledge of the legal consequences thereof. The procedure for giving such consent shall be governed by the the law of the sentencing State. 2. The sentencing State shall afford an opportunity to the administering State to verify through a consul or other official agreed upon with the administering State, that the consent is given in accordanc with the condition set out in paragraph 1 above. Article 8-the effect of transfer for sentencing State 1. The taking into the charge of the sentenced person by the authorities of the administering State shall have the effect of suspending the enforcement of the line in the sentencing State. 2. The sentencing State may no longer enforce the line if the administering State consider the enforcement of the line to have been completed. Article 9-effect of transfer for administering State 1. The competent authorities to be of the administering State shall: (a)) continue the enforcement of the in line immediately or through a court or administrative order, under the conditions set out in article 10 (b)), or convert the line, through a judicial or administrative procedure, into a decision of that State, thereby substituting for the sanction imposed in the sentencing State a sanction prescribed by the law of the administering State for the same of the offenc , under the conditions set out in article 11.2) the administering State, if requested, shall inform the sentencing State before the transfer of the sentenced person as to which of these procedures it will follow. 3) the enforcement of the a line shall be governed by the law of the administering State and that State alone shall be competent to take all appropriate decisions. 4) Any State which, according to its national law, cannot of itself availa ... one of the procedures referred to in paragraph 1 to enforce the measure imposed in the territory of another Party on persons who for reasons of mental condition have been held not criminally responsible for the commission of the offenc, and which is prepared to receive such a person for further treatment may , by way of a declaration addressed to the Secretary General of the Council of Europe, indicates the procedures it will follow in such cases. Article 10-Continued enforcement 1. In the case of continued enforcement, the administering State shall be bound by the legal nature and duration of the line as determined by the sentencing State. 2. If, however, this line is by its nature or duration incompatibl with the law of the administering State, or its law so requires, that State may, by a court or administrative order, adap the sanction to the punishment or measure prescribed by its own law for a similar offenc. As to its nature, the punishment or measure shall, as far as possible, correspond with that imposed by the line to be enforced. It shall not aggravat, by its nature or duration, the sanction imposed in the sentencing State, nor exceeds 100 the maximum prescribed by the law of the administering State. Article 11-the Conversion of line 1. In the case of conversion of the line, the procedures provided for by the law of the administering State apply. When converting the line, the competent authority: (a) shall be bound by) the finding as to the facts insofar as they appear explicitly or implicitly from the judgment imposed in the sentencing State a; (b)) may not convert a sanction involving deprivation of liberty to a pecuniary sanction; (c)) shall be the full period deduc of deprivation of liberty served by the sentenced person; and (d)) shall not aggravat the penal position of the sentenced person, and shall not be bound by any minimum which the law of the administering State may provide for the offenc or offenc's committed. 2. If the conversion procedure takes place after the transfer of the sentenced person, the administering State shall keep the person in custody or otherwise ensur is his presence in the administering State pending the outcome of that procedure. Article 12-Pardon, amnesty, commutation Each Party may grant pardon, amnesty or commutation of the line in accordanc with its Constitution or other laws. Article 13-Review of judgement the sentencing State alone shall have the right to decide on any application for review of the judgement. Article 14-Termination of enforcement the administering State shall terminate enforcement of the line as soon as it is informed by the sentencing State of any decision or measure as a result of which the cease of the line to be enforceabl. Article 15-Information on enforcement the administering State shall provide information to the sentencing State concerning the enforcement of the line: a) when it will consider enforcement of the line to have been completed; (b) if the sentenced person has) escaped from custody before enforcement of the line has been completed; or (c)) if the sentencing State requests a special report. Article 16-transit 1a. Party shall, in accordanc with its law, grant a request for transit of a sentenced person through its territory if such a request is made by another Party and that State has agreed with another Party or with a third State to the transfer of the person it or from its territory. 2. A Party may grant refus to transit: (a) if the sentenced person is) one of its nationals, or (b) if the offenc) for which the line was imposed is not an offenc is under its own law. 3. Requests for transit and replies shall be communicated through the channels referred to in the provision of article 5.2 and 3.4 A Party may grant a request for transit of a sentenced person through its territory made by a third State if that State has agreed with another Party to the transfer to or from its territory. 5. The Party requested to grant transit may hold the sentenced person in custody only for such time as transit through its territory requires. 6. The Party requested to grant transit may be asked to give an assurance that the person will not be prosecuted, sentenced or, except as provided in the preceding paragraph, detained, or otherwise subjected to any restriction on his liberty in the territory of the transit State for any of the or line imposed by offenc committed prior to his departure from the territory of the sentencing State. 7. the request for transit shall be required if transport is by air over the territory of a Party and no landing there is scheduled. However, each State may, by a declaration addressed to the Secretary General of the Council of Europe at the time of signature or of deposit of its instrument of ratification, acceptance, approval or accession, require that it be notified of any such transit over its territory. Article 17-language and Costa 1. Information under article 4, paragraphs 2 to 4, shall be furnished in the language of the Party to which it is addressed or in one of the official languages of the Council of Europe. 2. Subject to paragraph 3 below, no translation of requests for transfer or of supporting documents shall be required. 3. Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, require that requests for transfer and supporting documents be accompanied by a translation into its own language or into one of the official languages of the Council of Europe or into such one of these languages as it shall indicates. It may on the occasion of a declare it readiness to accept translations in any other language in addition to the official language or languages of the Council of Europe. 4. Except as provided in article 6.2.a, documents transmitted in application of this Convention need not be certified. 5. Any costs incurred in the application of this Convention shall be borne by the administering State, except the costs incurred exclusively in the territory of the sentencing State. Article 18 – signature and entry into force 1 this Convention shall be open. for signature by the member States of the Council of Europe and non-member States which have participated in its elaborations. It is subject to ratification, acceptance or approval. The instrument of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe. 2. This Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date on which three member States of the Council of Europe have expressed their consent to be bound by the Convention in accordanc with the provision of paragraph 1. In respect of any signatory State which subsequently express their consent to it be bound by it, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of the deposit of the instrument of ratification, acceptance or approval. Article 19 – Accession by non-member States 1. After the entry into force of this Convention, the Committee of Minister of the Council of Europe, after consulting the Contracting States, may invite any State not a member of the Council and not mentioned in article 18.1 to accede to this Convention, by a decision taken by the majority provided for in article 20 d of the Statute of the Council of Europe and by the unanimous vote of the representatives of the Contracting States entitled to sit on the Committee. 2. In respect of any acceding State, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of accession with the Secretary General of the Council of Europe. Article 20 – Territorial application 1 Any State may at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, specify the territory or territories to which this Convention shall apply. 2. Any State may at any later date, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territory specified in the declaration. In respect of such territory the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt of such declaration by the Secretary General. 3. Any declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn by a notification addressed to the Secretary General. The withdrawals shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of such notification by the Secretary General. Article 21 – Temporal application this Convention shall be applicable to the enforcement of the line imposed either before or after its entry into force. Article 22 – Relationship to other Convention and agreements 1 this Convention does not affec the rights and undertaking a derived from extradition and others on the treats to treats international co-operation in criminal matters providing for the transfer of detained persons for purpose of confrontations or news article. 2. If two or more parties have already concluded an agreement or treaty on the transfer of sentenced persons or otherwise have established their relations in this matter, or should they in future do so, they shall be entitled to apply that agreement or treaty or to the regulat those relations accordingly, in lieu of the present Convention. 3. The present Convention does not affec the right of States party to the European Convention on the International Validity of Criminal Judgment to conclud a bilateral or multilaterals agreements with one another on matters deal with in that Convention in order to supplement its provision or facilitat-the application of the principles embodied in it If (a) 4 request for transfer falls within the scope of both the present Convention and the European Convention on the International Validity of Criminal Judgment or another agreement or treaty on the transfer of sentenced persons, the requesting State shall, when making the request, indicates on the basis of which the instrument it is made. Article 23 – Friendly settlement the European Committee on crime problems of the Council of Europe shall be informed regarding the application to the skipper of this Convention and shall do whatever is cessary to facilitat not a friendly settlement of any difficulty which may «arise out of its application. Article 24-Denunciation 1 Any Party may at any time.» denounc this Convention by means of a notification addressed to the Secretary General of the Council of Europe. 2. Such denunciation shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary General. 3. The present Convention shall, however, continue to apply to the enforcement of the line of people who have been transferred in conformity with the provision of the Convention before the date on which such a denunciation takes effect. Article 25-notifications the Secretary General of the Council of Europe shall notify the member States of the Council of Europe, the non-member States which have participated in the elaborations of this Convention and any State which has acceded to this Convention of: a any signature;) (b)) the deposit of any instrument of ratification, acceptance, approval or accession; (c) any date of entry) into force of this Convention in accordanc with articles 18.2 and 3, 19.2 and 20.2 and 3; (d) any other Act, declaration), notification or communication relating to this Convention. In witness whereof the undersigned, being duly authorised, have signed theret this Convention. Done at Strasbourg, this 21st day of March 1983, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified cop to each member State of the Council of Europe, to the non-member States which have participated in the elaborations of this Convention, and to any State invited to accede to it.

The Council of Europe Convention on the transfer of sentenced persons to sentence the Member States of the Council of Europe and the other States which have signed this Convention, considering that the aim of the Council of Europe is to achieve greater unity between Member States; Desiring further to develop international cooperation in the field of criminal law; believing that such cooperation will promote fairness and social rehabilitation of the convicted person; believing that the achievement of these objectives is to enable the aliens who are deprived of their freedom in connection with the Commission of a criminal offence, the penalty in their environment through the, and considering that this aim can best be achieved, the convicted person passing sentence in their own countries, have agreed to: 1. the article. Explanation of terms in this Convention: (a)) "penalty" means any punishment or other custodial penalty, where for a limited or unlimited period of time determined by the Court for committing a criminal offence; (b)) "judgment" is the decision of the Court for punishment; (c)) "the State in which the person convicted" means the country in which the fixed penalty to a person, which may be the subject of a sentence, or which are transferred to the Penal; (d)) "the State in which the sentence is to be served" is the country to which the convicted person may be transferred or for which that person is transferred to a penal. 2. article. General principles Member States shall, in accordance with the provisions of this Convention, undertakes to provide the greatest mutual assistance in the transfer of sentenced persons, penal. 2. In accordance with the provisions of this Convention, a person who has been convicted in the territory of a single Member State, can be transferred to the territory of another Member State in the sentence imposed. The person concerned can be expressed in a State in which the convicted, or the State where the sentence will be served, their desire to be a sentence passed in accordance with this Convention. 3. the transfer of a convicted person may request a sentence and the State in which the convicted persons and the State in which the sentence will be served. 3. article. 1. The provisions on transfers of persons convicted may pass sentence under this Convention only in the following cases: (a)) if that person is a citizen of the country (national), in which the penalty will be served; (b)) if there is a final judgment of the Court; c) If, at the time of the request for surrender is received a sentence, the sentenced person for at least six months remaining until the end of a sentence or if the sentence is not limited; (d) if the transfer of the sentence) to accept the convicted person or if, having regard to the convicted person's age or physical or mental condition, one of the two countries believe that such transfer is not required and it agrees with the convicted person the legal representative; (e) if the offence or Act) violations, for which the penalty is considered a felony under the laws of the country where the punishment will be served, or should be considered criminal offences if they had been committed in the territory of that State; and (f)) if the transfer of the sentence agrees with the State in which the person is convicted, and the State where the sentence will be served. 2. In exceptional cases, Member States may agree on the transfer to the sentence even if parole time convicted person is less than 1. (c). 3. Any State at the time when this Convention is signed or filed in storage the deposit of instruments of ratification, acceptance, approval or accession, can submit a notification addressed to the Secretary General of the Council of Europe, in which it notes that, in its relations with other Member States do not apply the article9(1)(b) (a) or (b) in point 1. 4. Any State, if it is interested may at any time submit a notification addressed to the Secretary General of the Council of Europe, showing how it applies the terms used in this Convention "citizen (alien)". 4. article. Obligation to provide information 1. Country in which the person is convicted, should be informed of the content of this Convention any sentenced person, to which the Convention applies. 2. If the sentenced person made a State in which the convicted, the desire to get it passed sentence in accordance with this Convention, that State shall inform the State where the sentence will be served as soon as the judgment has become final. 3. This information must indicate: (a) the convicted person) first and last name, as well as the time and place of birth; (b) the convicted person) address in the country where the punishment will be served if such address is; (c) a statement of the facts), in determining the penalty; (d) the type and duration of the fine), as well as the time when initiated penal. 4. If the convicted person has expressed a desire to be transferred to the State in which the sentence is to be served, the country in which the person is convicted, the request shall be communicated to the latter with the information referred to in paragraph 3. 5. The sentenced person must be informed in writing of any action in accordance with the preceding paragraphs shall be carried out either by the country in which the person convicted, or the country in which the penalty will be served, as well as any decision that one or other of the State regarding the request for the transfer of the sentence. 5. article. The requests and the responses to those requests for the transfer of 1 sentence and provided written answers to them. 2. Requests for the transfer of penal justice for one of the country's Ministry of Justice Ministry of the other country. Answers to be provided, through the same channels. 3. Any Member State may submit a notification addressed to the Secretary General of the Council of Europe, in which it noted that the use of other communication channels. 4. A State that has received a request for the transfer of the convicted person, the sentence must be reported immediately to the State, which made such a request, your decision about whether to accept such a transfer or not. 6. article. Additional documents 1. Country in which the penalty will be served, at the request of the State in which the person is convicted, it must be submitted the following documents: (a)) or a statement that the sentenced person is one of its nationals (nationals); (b)) the country in which the penalty will be served, a copy of the relevant law under which offences or violations of the law, for which the penalty in the State in which the convicted persons, are considered criminal offences under the law of the State in which the sentence is to be served, or should be considered criminal offences if they had been committed in the territory of that State; (c)), which contains the communication article 9, paragraph 2 of the information. 2. If the transfer of the convicted person sentence, except when any of the two countries have already indicated that it will not agree to such a transfer, the State in which the convicted person must be submitted to the State in which the sentence is to be served, the following documents: (a) the judgment and Act) approved copy to which it is based; (b) a statement as to how) long time since the beginning of the sentence passed, including information on the pre-trial detention, punishment or dismissal of any other factor which is important to the fine in the sentence; c) notice of article 3, paragraph 1 (d) consent to the transfer of convicted persons, penal, and d) in any case-all medical or social data on the convicted person, information about the person's medical treatment in the country, in which it condemned, and recommendations for further treatment in the State where the sentence will be served. 3. Either of the two countries can ask for it by any 2 or 3 of this document or statement, before it is expressed in the request for the transfer of the convicted person's sentence or a decision thereon, to agree to such a transfer or not. 7. article. Consent to the transfer of the convicted person and the Penal inspection of consent 1. Country in which the person is convicted, it will be necessary to ensure that a person whose consent to the transfer of the sentence requires, in accordance with article 3, paragraph 1 d, do it willingly, fully aware of all the ensuing legal consequences. Procedures for giving consent shall be determined under the law of the country in which the person is convicted. 2. The State in which the convicted person must be given the opportunity to state that the penalty be served, check on the intermediary with the Consul or another official, on which the two countries agree or consent was given under the rules referred to in paragraph 1. 8. article. Legal consequences due to the transfer of the person to affect the sentence the country in which the person convicted to 1. If the sentenced person is surrendered to the authority of the State, in which the penalty will be served, parole in the State in which the convicted person is stopped. 2. The State in which the convicted person may not be anymore to apply penal, if the State in which the sentence is being served, believes that the sentence is completed. 9. article. Legal consequences due to the transfer of the person to affect the sentence the country in which the punishment is served 1. The country in which the punishment is served by the competent authorities: (a)) with the decision of the Court or administrative order shall continue to apply without delay the sentence according to the rules referred to in article 10, or (b)) in accordance with the provisions of article 11 in court or administrative order changes the punishment according to its laws, replacing sanctions established by the State in which the person is convicted, the penalties for the same crime is determined by the law of the country in which the sentence is being served. 2. The State in which the sentence will be served, before the transfer of the convicted person for parole, upon request, inform the country in which the person was convicted, as to which of the above procedures will apply it. 3. the sentence is determined by the law of the country in which the sentence is being served, and only in this country is entitled to take all the relevant decisions. 4. Any State which, under its laws, can not use any of 1. procedures referred to in paragraph 1 for the application of the penalty which set in the territory of another Member State to a person who due to a mental condition they are not criminally liable for the crime, and is ready to admit such person for further treatment, you can submit the notification addressed to the Secretary General of the Council of Europe, showing how it will behave in this case. 10. article. Continuing with sentence 1. If parole is continued, the State in which the sentence is being served, to follow the nature and duration of the fine determined by the State in which the person is convicted. 2. However, if the type and duration of this penalty does not comply with the law of the State in which the sentence is being served, this country, if they require it, the Act may, by the decision of the Court or administrative order to change sanctions, to match the type of penalty for similar offences under this law. The nature of the fine, as far as possible, to comply with the judgment in the prescribed punishment. Penalty or the duration must be to intensify the sanctions fixed by the State in which the person convicted, nor exceed the maximum penalties to be determined by the law of the country in which the sentence is being served. 11. article. Changing the penalties 1. If the penalty applicable is changed, the procedures laid down by the law of the country in which the sentence is being served. Changing the sentence, the competent institution shall: (a) strictly followed) decision with regard to the facts in so far as they clearly or unequivocally visible to the judgment issued by the State in which the person convicted; (b)) may not change the penalties associated with the deprivation of liberty, against the sanctions, which determines the fine; (c)) with a report of all the associated time spent by the sentenced person in custody; and (d)) reinforces the convicted person of the fine, and it does not have to follow the minimum penalty for the crime or crimes committed under its national law, in which the penalty is served. 2. If the change occurs after the sentenced person transferred to the State in which the sentence is to be served, this country holds persons convicted in custody or otherwise ensure its stay in the country long enough to become aware of the results of this procedure. 12. article. Pardon, Amnesty and the softening of penalties each Member State may set a pardon, amnesty or commute the penalty in accordance with its Constitution and other laws. 13. article. Review of the judgment only in the State where the person convicted has the right to decide on any review of the judgment. 14. article. Suspension of sentence, the State in which the sentence is being served, the convicted person suspended sentence as soon as that in which the person is convicted, inform them of any decision or measure as a result of which the sentence ceases to be continued. 15. article. Information about the Penal State, in which the punishment is served, inform the country in which the person is convicted, the sentence: a) when it considers the completion of the sentence; (b)) if the sentenced person has escaped from custody before sentence is finished. or (c)) if the State in which the sentenced person, request the specific message. 16. article. 1. the Member State of transit according to its laws to satisfy the request of the convicted person transit through its territory if such a request is expressed in another Member State, which has agreed with another Member State or a third country for the transfer of the Penal in its territory or from the territory of the community. 2. a Member State may refuse transit authorisation if a) the sentenced person is one of its nationals (nationals) or (b)), for which crime person convicted, does not constitute a crime under the laws of this State. 3. Requests for transit permits to be submitted and the answers to them be provided through the channels referred to in article 5, paragraphs 2 and 3 of the regulations. 4. Member States may satisfy the request of a third country on the convicted person for the transit through its territory, if this third country has agreed to another Member State of the convicted person for the transfer of the Penal in its territory or from the territory of the community. 5. The Member State to which a request for transit may hold the sentenced person in custody only for a period which does not need this person transit through its territory. 6. The Member State of the requested authorization of transit may require proof that, except in the cases referred to in the previous paragraph, the sentenced person will not be prosecuted, detained or otherwise will not be restricted in its freedom of transit in the territory regardless of the crime or the punishment, imposed before this person left the territory of the State in which the convicted. 7. the transit permission is not necessary if the movement over the territory of the Member State using air transportation and its descent. However, at the time when this Convention is signed or filed in storage the deposit of instruments of ratification, acceptance, approval or accession, any State may submit a notification addressed to the Secretary General of the Council of Europe, in which it requests to be notified of any such convicted person transit over its territory. Article 17. Language and costs 1. Fourth, article 2. — the information referred to in paragraph 4 shall be either in the language of the Member State to which it is addressed, or one of the official languages of the Council of Europe. 2. in accordance with paragraph 3 of this article, a request for the transfer of the Penal and supplementary documents are not translated. 3. Any State at the time when this Convention is signed or filed in storage the deposit of instruments of ratification, acceptance, approval or accession, can submit a notification addressed to the Secretary General of the Council of Europe, in which it requests that the requests for the transfer of the Penal and additional documents be accompanied by a translation into the official language or one of the official Council of Europe languages, or in one of these languages, which it has indicated. In this case, it may demonstrate their readiness to accept translations in any other language in addition to the Council of Europe's official languages. 4. If the transfer documents relating to the application of this Convention, with the exception of article 6, paragraph 2 (a) the documents referred to, it is not necessary to confirm. 5. Any costs that arise in connection with the application of this Convention shall be borne by the State in which the sentence is being served, except costs incurred exclusively in the territory of the country in which the person is convicted. 18. article. The signing and entry into force 1 this Convention shall be open for signature by Member States of the Council of Europe as well as States which are not Member States of the Council of Europe, but have participated in the elaboration of this Convention. The Convention is subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be submitted by the Secretary-General of the Council of Europe. 2. this Convention shall enter into force on the first day of the month following the period of three months, from the date on which three Member States of the Council of Europe in accordance with the provisions of paragraph 1, confirmed their agreement to be bound by the commitments referred to in the Convention. 3. Any other country which confirmed its consent to be bound by this Convention, signing it later, the Convention shall enter into force on the first day of the month following the period of three months from the date on which that State has submitted to the Secretary-General of the Council of Europe keeping their instruments of ratification, acceptance or approval. 19. article. The accession of the countries which are not Member States of the Council of Europe 1. After this Convention has entered into force, the Committee of Ministers of the Council of Europe, in consultation with the signatory countries to the Convention, with the decision taken by the Council of Europe, article 20 d of the Statute by the majority set out in the Convention or their representatives signed a unanimous vote that eligible to participate in the Committee of Ministers may invite any State that is not a Member State of the Council of Europe and is not mentioned in article 18, paragraph 1, to accede to this Convention. 2. in each country that joins the Convention, the Convention shall enter into force on the first day of the month following the period of three months from the date on which that State has submitted to the Secretary-General of the Council of Europe, of its instrument of accession. 20. article. The area of application of the Convention 1 any State signing this Convention or depositing the instruments of ratification, acceptance, approval or accession, may specify the territory or territories to which this Convention shall apply. 2. Any State may at any time submit a notification addressed to the Secretary General of the Council of Europe, in which it states that extend the application of this Convention to a territory mentioned in the notice. In this territory the Convention shall enter into force on the first day of the month following the period of three months from the date of receipt by the Secretary-General of such notification. 3. any communication submitted under both the above points for any area specified in the notice, may be withdrawn by notification addressed to the Secretary General. Withdrawal shall take effect on the first day of the month following the period of three months from the date on which the Secretary-General received the following application. 21. article. During the application of the Convention this Convention is applicable to the sentence imposed either before or after the entry into force of the Convention. 22. article. Relationship to other conventions and treaties 1. this Convention shall not affect the rights and measures by virtue of other treaties on international cooperation in krimināljautājumo, which provide for the extradition of persons apprehended confrontation or testimony purposes. 2. If two or more Member States concluded an agreement or Treaty on the transfer of convicted persons to penal or otherwise established relations in this matter, or will it in the future, they are entitled to apply the Convention in place of the arrangement or agreement, or otherwise adjust the established relationships. 3. This Convention does not affect the "European Convention on criminal matters given the judgment of international validity" to the right of Member States to conclude bilateral or multilateral agreements with one another on matters provided for in the said Convention, to supplement its provisions or facilitate the implementation of the principle. 4. If a request for surrender of the relevant sentence to both the Convention and the European Convention on criminal matters given the judgment of international validity "or other agreement or contract for the convicted persons, countries expressed a request for the transfer of the Penal, specify to which the document is based on the request. 23. article. Peaceful agreement in the Council of Europe's European Committee on crime problems shall be informed of the application of this Convention, and the Committee in turn must do everything possible to promote the peaceful agreement in any case where a dispute arises about how the Convention should apply. 24. article. Denunciation 1. Any Member State may, at any time, denounce this Convention by submitting addressed to the Secretary General of the Council of Europe. 2. The denunciation shall take effect on the first day of the month following the period of three months from the date on which the Secretary-General received the following application. 3. this Convention remains in force in respect of those who passed the sentence in accordance with the provisions of this Convention before the date on which the denunciation became effective. 25. article. Informing the Secretary-General of the Council of Europe shall notify the Member States of the Council of Europe and the countries which are not Member States of the Council of Europe, but have participated in the elaboration of this Convention, as well as any State which has acceded to this Convention of: (a)) any State signatory to this Convention; (b)) any instrument of ratification, acceptance, approval or accession deposited; (c) any date) this Convention shall enter into force in accordance with its article 18, paragraphs 2 and 3, article 19 and paragraph 2 of article 20, paragraph 2 and 3; (d)) with this Convention of any other Act, notification, application or information. This, the undersigned, being duly authorised, have signed this Convention. Signed in Strasbourg on 21 March 1983 in the English and French languages, both texts being equally authentic, in a single copy, stored in the archives of the Council of Europe. The Secretary General of the Council of Europe sends out certified copies of this Convention to each Member State of the Council of Europe and non-Member States of the Council of Europe, but have participated in the elaboration of this Convention as well as to any State, which is invited to accede to this Convention.